The Disciplinary Process for
Licensed Health Professionals
General Information
The health regulatory boards under the Department of Health Professions license, certify, or register over 250,000 health care practitioners and facilities. The majority of health care practitioners are responsible and competent professionals. The health regulatory process exists to establish and maintain acceptable standards of professional practice and to take disciplinary action when health care practitioners do not practice in accordance with those standards.
There are fourteen health regulatory boards within the Department of Health Professions. These boards regulate more than 50 different types of professions and occupations and 15 types of facilities. Members of regulatory boards are appointed by the Governor and are either licensed practitioners or public citizens. All members are equally responsible for protecting and serving the people of Virginia.
The Department is responsible for administering the laws and regulations pertaining to health care practitioners, which may include conducting investigations of alleged violations. In order for the Department to initiate an investigation, the information it receives must relate to a law or regulation governing a specific regulated profession or facility. While a practitioner's action may be considered improper, unethical or otherwise deserving of corrective action, it may not be a violation of law.
Civil action undertaken on your behalf against a health care practitioner or facility does not affect your right to also file a complaint with the Department. However, the laws of the Commonwealth do not allow the Department or its boards to become involved in civil action. Due to statute of limitations considerations, you should not wait for the outcome of a departmental investigation or board proceeding before initiating a civil action (lawsuit) that you may wish to pursue.
The Department receives a substantial number of allegations that must be investigated. Due to the complex nature of some complaints, it is not unusual for a matter to take as long as twenty months from the time the information is received at the Department until a regulatory board takes final action
Top of the PageHow an Investigation is Begun
The Department’s Complaint Intake Unit receives information from sources indicating that a violation of law or regulation may have occurred. These sources may include health care practitioners, employers and employees, other licensed professionals, law enforcement agencies, courts, or concerned citizens. Hundreds of complaints are made each year that do not fall within our jurisdiction or are not violations of law and regulation and thus do not warrant an investigation. In those cases, the source of the complaint may be referred to another agency or organization. Each source is notified of the final outcome of the complaint.
When information appears to be sufficient to justify an investigation, a case is opened, given a priority, recorded in the agency's computer tracking system and assigned to an investigator. The case priority system is used to determine which types of cases receive attention first. This system is based on the real or potential danger to the public health or safety as indicated by the information provided to the Department.
The most frequent allegations investigated by the Department are substandard care, diversion of prescription drugs for illegal purposes, improper prescribing, sexual misconduct, improper advertising, inadequate record keeping, unsanitary conditions and unprofessional conduct.
Top of the PageThe Investigation
When information indicates that a violation of law or regulation within the Department's jurisdiction may have occurred, a specially-trained, sworn investigator of the Enforcement Division interviews potential witnesses, obtains copies of relevant documents and accumulates evidence.
Persons involved in a case can communicate directly with the assigned investigator. The investigator may periodically contact sources of information to advise them of the status of the investigation. It is the Department's policy to provide as much time and effort as is required for a thorough investigation.
When the investigation is complete, the investigator writes a comprehensive report and submits it, along with all the records and evidence, to the appropriate regulatory board for consideration and action. The Enforcement Division will inform sources and licensees when the matter is turned over to a regulatory board.
Top of the PageBoard Action
When a board receives the investigative report, a preliminary review of the case is made to determine whether the evidence is sufficient to indicate that a violation of law or regulation has occurred. If the evidence is not sufficient for that purpose, the case is then closed and no further action is taken.
If the board believes there is sufficient evidence to indicate that a violation has occurred, disciplinary action may be taken. An informal conference may be scheduled at which a committee of the board meets with the licensee. All informal conferences are open to the public. The source of the investigated information is notified of the conference and may attend. While he or she may be asked to testify, that is usually not required.
The informal conference committee develops a recommendation to do one the following: 1) close the case with a finding of no violation; 2) offer an order in which the licensee consents to board sanction; or 3) send the case to the full board for further review.
A formal hearing before the board is required if the licensee requests it, if the informal conference committee recommends it or if the proposed sanction is to suspend or revoke the license. A formal hearing is an administrative proceeding similar in many ways to a trial. It is open to the public, and all parties may call witnesses and introduce evidence. If the Department receives information indicating that a licensee represents an imminent threat to the public, the licensee may be suspended immediately, and a formal hearing is automatically scheduled.
Disciplinary Action Usually Takes the Form of One or More of the Following Sanctions:
- Reprimand or censure
- Monetary penalty (Paid to the Literary Fund of Virginia, not to the Department)
- Remedial or corrective action
- Probation with requirements for the licensee to complete within a specified time
- Limitations on the licensee's privilege to practice
- Suspension of the license either indefinitely or for a specific period of time
- Revocation of license
To learn more about what happens when the Board places a licensee under terms that require monitoring, or under Probation, see Complying with my Board Order
Top of the PageCivil Action
The Department of Health Professions and its boards do not have the legal authority to order reimbursement or award damages.
All notices and final orders are public documents available for review by anyone who requests to do so. They also become part of the licensee's permanent official record. Copies of final orders are usually mailed to the original source of the complaint information. All other information related to a disciplinary case may be considered confidential and remains unavailable to the public.
In addition to any possible board action, the Department will work with all appropriate law enforcement agencies and prosecutors if information indicates that a criminal law may have been violated. Actions by boards and by the criminal justice system are taken separately.
Filing a Complaint
To file a complaint or to report possible violations by a Virginia health care practitioner, telephone toll-free: 1-800-533-1560 or (804) 367-4491, (804) 367-4560, (804) 367-4612 or (804) 367-4691, Monday-Friday, 8:15 am - 5:00pm.
For More Information
Write to:
Virginia Department of Health Professions
Perimeter Center
9960 Mayland Drive, Suite 300
Richmond, VA 23233-1463
Telephone: (804) 367-4400
Email the Enforcement Division - enfcomplaints@dhp.virginia.gov